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1991-02077-Minutes for Meeting January 09,1991 Recorded 1/24/1991s1_0"0w7 10 6 0 0 3 5 MINUTES `"IA `D 1 JAN 2 A 9` 5~ESCHUTES COUNTY BOARD OF COMMISSIONERS 2 ~ E a~1 January 9, 1991 Y ? Q L0 CO TNT Y CLERIC Chair Throop opened the meeting at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, County Legal Counsel; Kevin Harrison, Senior Planner; and Brad Chalfant, Property Manager. 1. SELECTION OF CHAIR OF COMMISSION FOR 1991 THROOP: I'd like to move that Commissioner Dick Maudlin be elected chair for calendar year 1991. SCHLANGEN: I'll second that. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin took over the meeting and thanked Commissioner Throop for his leadership as chair of the Commission during 1990. 2. CONSENT AGENDA Consent agenda items before the Board were: #2, approval of out-of-state travel request for Community Development employee to attend electrical seminar in Seattle; #3, signature of Order 91-005 establishing the Road Name of Barr Road; #4, signature of order 91-006 changing Sundown Road to Indian Ford Road; #5, signature of Order 91-007 establishing the road names of Rodeside Road and Sedgewick Avenue; #6, approval of Amendment #20 to 1989-91 Intergovernmental Agreement with Mental Health Department; #7, removed from consent agenda for further discussion; #8, chair signature of Software License Transfer for new computer; #9, appointment of Kennedy Blatchley to fill unexpired term of Blair Armitage on Panoramic Access Special Road District Board of Directors; #10, appointment of Gary Woods to unexpired term of Bruce Withers on Panoramic Access Special Road District Board of Directors; #11, reappointment of Phil Shepard to Panoramic Access Special Road District Board of Directors; #12, reappointment of Orin Wallace to Special Road District No. 1 Board of Directors; and #13, approval of request for out-of- state travel to a substance abuse prevention conference. THROOP: I'll move approval of consent agenda items 2- 13 excepting item 7. SCHLANGEN: Second. PAGE 1 MINUTES: 1/9/91 19,90 1Qr, - 0036 3. 4. 5. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES TAX REFUND ORDER 91-009 Before the Board was Tax Refund Order 91-009. There was a disagreement regarding whether several of the items could be refunding in this fashion, and it was decided to pull them from the order for further investigation. THROOP: I'll move refunds of the first four items on the Appendix A sheet. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 91-008 WELLS/ACKERMAN ANNEXATION TO RFPD #2 Before the Board was a public hearing concerning Order 91-008 approving the annexation of territory (Wells/Ackerman Annexation) to Deschutes County Rural Fire Protection District #2 and setting a final public hearing on February 6, 1991. Rick Isham said this property was located approximately one mile south of Knott Landfill and was currently not receiving fire protection. Chairman Maudlin opened the public hearing. There being no one who wished to speak, the public hearing was closed. THROOP: I'll move signature of the Order. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDINANCES 91-001 AMENDING TITLE 19 AND 91- 005 AMENDING PL-15 REGARDING PLACEMENT OF MANUFACTURED HOMES Before the board were two public hearings regarding the placement of manufactured homes: Ordinance 91-001 amending Title 19 (formerly PL-11), the Bend Urban Growth Boundary Zoning Ordinance; and Ordinance 91-005 amending PL-15, the Deschutes County Zoning Ordinance. PAGE 2 MINUTES: 1/9/91 106 - 0037 Kevin Harrison gave the staff report for Ordinance 91-001. He said these amendments were in response to passage of HB 2363 and applied to lands within the urban growth boundaries. This item had been discussed at five separate meetings of the Bend Urban Area Planning Commission, and this ordinance was based upon their recommendation. The City of Bend had adopted similar language. The ordinance would do the following: 1) change the definition of single family dwelling to include Class A manufactured homes; 2) allow Class A manufactured homes as an outright use in the UAR 10, SR2.5, RL, RS, RM, and RH zones (all residential zones outside the Bend City limits and within the urban growth boundary); 3) and provide minor technical changes in sections describing placement standards. Previously, Class A manufactured homes were allowed only in the UAR 10 and SR2.5 zones on parcels larger than five acres. The amendment also required that a garage or carport be built in conjunction with the placement of a Class A manufactured home. Staff recommended adoption of this Ordinance as presented. Kevin Harrison continued with a staff report on Ordinance 91- 005 amending PL-15, the Deschutes County Zoning Ordinance, which applied to lands outside the urban growth boundaries. These amendments had been triggered by language contained in the existing mobile home Ordinance 89-004. The staff recommended that Ordinance 89-004 be changed: 1) because it contained some confusing language and was difficult to implement consistently; 2) and to incorporate the same terminology as used in Title 19 for conformity. Staff recommended that the new ordinance: 1) amend the definition of "single-family dwelling" to included Class A and B manufactured homes; 2) define four classes of manufactured homes consistent with Title 19 covering the urban growth boundary; 3) delete all references to "mobile homes;" 4) specify those subdivisions which allow single wide mobile homes; and 5) allow recreational vehicles (RVs) as a temporary use during construction of site built home. The proposed amendment would differed from the current ordinance in that the minimum size for class A and B manufactured homes would increase from 700 sq. ft. to 750 sq. ft.; the minimum size for class C manufactured homes would lowered from the current 500 sq. ft. to 320 sq. ft.; and it would impose a construction date requirement of 1976 for Class A, B and C manufactured homes when there currently was no date restriction. The staff was requesting direction from the Board on how Class D manufactured homes (less than 320 sq. ft. or constructed prior to 1976) should be treated. He asked whether Class C or Class D manufactured homes should be allowed on parcels 10 acres in size or larger? In the current ordinance, single wide and double wide mobile homes were allowed on parcels 10 acres and larger. He asked whether RVs should be allowed as a temporary use during the construction of a site built home? PAGE 3 MINUTES: 1/9/91 10s 0038 Commissioner Maudlin confirmed that these restrictions would not apply to mobile homes which were already placed, and would only apply to placements in the future. Kevin Harrison said that if there was a nonconforming use which was damaged, and the damage exceeded 50% of the assessed value of the structure, then the structure could not be replaced without coming into compliance with the current ordinance standards. Legal Counsel had written an opinion that if the nonconforming unit were removed from a piece of property, it could not be replaced with another nonconforming unit. Commissioner Throop asked if Class D homes would be allowed in mobile home parks. Kevin Harrison said that Class D homes would only be allowed as a temporary use during the construction of a home or as a second dwelling where there was a medical hardship in the family. He said the Class D homes were left out of the ordinance because staff wanted some direction from the Board in this area. Commissioner Throop asked how many class C or D homes had been placed on parcels which were 10 acres or larger? Kevin Harrison said he did not have any statistics. While the ordinance had been confusing and difficult to interpret, it had not generated much controversy and had been doing the job. Rather than leaving a formula in the ordinance which would determined which subdivisions would allow mobile homes, the names of the subdivisions were placed into the ordinance. Chairman Maudlin opened the public hearing for testimony. Hap Davie, Box 401, LaPine, 97739, testified in opposition to some of the restrictions on the placement of mobile homes. He felt that people should be able to put any size, color, or type of home they wished on their own property. He had spoken to four people who had been told that they could not place single wide mobile homes in an area when he knew that it was allowed. Commissioner Throop asked that if staff supplied the public with misinformation that the Board be informed of their names so they could be given better information about the subject. Mr. Davie felt that metal roofs and siding should not be disallowed since it was less of a hire hazard. Requiring certain siding materials and colors was an invasion of the property owner's rights. He didn't feel that "shacks" should be counted as stick-built homes when determining whether mobile homes would be allowed in a subdivision. Raising the square footage requirements would reduce the availability of decent, affordable housing in the County. People on pensions could not afford and did not need or want larger homes. He asked whether there were restrictions on the placement of RVs which people only lived in a few months during the year. Kevin Harrison said the ordinances did not address the use of RVs on individual lots. Commissioner PAGE 4 MINUTES: 1/9/91 106 - 0039 Maudlin further explained that if it was not addressed, it was allowed. Mr. Davie was glad to see that the requirement for a permanent cement foundation had been removed from the ordinance set up standards. Bert Patrick, 18945 Pinehurst Road, Bend 97701, gave the commissioners some written testimony. He said he supported the Title 19 amendments. He was concerned, however, about the restriction on placement of homes which were older than June of 1976 when the HUD standards went into effect. He had two mobile homes which would be considered Class D under the proposed ordinance only because they were older than the 1976 cut off. The one he lived in had a composition roof, wood siding, and sheet rock on the inside. The other was a rental. He had three contiguous parcels, and if he wanted to get a newer mobile home and move his current one to an adjoining lot, he would be unable to do so. He felt there were 1,000 to 2,000 of the category "C" or "D" manufactured homes. He suggested that one area of the County be zoned for "C" and "D" category manufactured homes in the County. He was also very glad to hear that the set up standards were not being changed. Sanford Silver, 23 Louisiana, Bend, wanted these ordinances passed as quickly as possible since affordable housing was needed. He recommended that the ordinances be passed immediately and that any inequities or confusion be taken care of later. He was paying exorbitant rent on a substandard home until these ordinances were passed, and he could place a manufactured home on his property. Dexter Fick, 207 S 12th, Redmond, OR, said he was a manufactured housing installer and was concerned about the limitation on placements of smaller, older mobile homes even in mobile home parks. He had worked for a number of older citizens who did not and would not move into larger, newer homes. Commissioners Maudlin and Throop said this was also an area of their concern and was a decision point that the staff had left up the Board. Pat O'Kief, 61244 Ring Solomon Lane, Bend, from Fuqua Homes had a major concern that placement of a manufactured home would require that a garage or carport also be placed on the site, when site built homes were not required to have a garage or carport. He felt this would decrease the affordability of the manufactured housing option. Kevin Harrison said that the County was in a caretaker position over the Urban Growth Boundary until it was annexed into the City and had an agreement with the City to adopt the same standards, as closely as possible, as the City's. The City held several public hearings on this issue, and no one had testified against this requirement. The ordinance was adopted by the City and recommended to the County. Commissioner Maudlin said PAGE 5 MINUTES: 1/9/91 106 - 0040 that the garage/carport requirement was also an issue that he was concerned about and would be investigating. Mr. O'Kief said that prior to 1976, states had differing standards for manufactured housing. In June of 1976, HUD took over and established a uniform national code. High-end mobile homes were probably already in compliance with these standards prior to 1976. Allan Bruckner, 129 Riverfront, Bend, City of Bend Commissioner, clarified why the requirement for a carport or garage was placed into the recommendation. The City Planning Commission had several meetings and made the recommendation to the City. The City had two meetings where it was discussed. There were no objections made by the public on this issue. He felt its inclusion was primarily a public relations move since one of the major criticism of mobile homes (whether right or wrong) was the clutter outside because of the lack of storage. They felt that with this language, the ordinance would gain a much greater public acceptance. The City would like this ordinance to pass with the carport/garage language included so that there would be conformity between the urban growth area and the city. The City was considering requiring site built homes to also have a garage. Chairman Maudlin closed the public hearing. He announced that written testimony would be allowed until 5 p.m. on January 16, 1991. The decision would be made on January 23, 1991, at 4 p.m. 6. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $219,848.84. THROOP: I'll move approval subject to review. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. DEVELOPMENT AGREEMENT WITH RINEHART AND HOOVER Before the Board was signature of a Development Agreement with Rinehart and Hoover for a Century 21 Realty Office. THROOP: Move signature of the Development Agreement. SCHLANGEN: Second. PAGE 6 MINUTES: 1/9/91 10s 0041 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. MP-90-90 FOR TAYLOR GREEN AND LOY Before the Board was signature of MP-90-90 for Taylor, Green and Loy creating one additional lot on Murphy Road. SCHLANGEN: I move signature. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. REAPPOINTMENT OF VERNETTA MINTON TO LAZY RIVER SPECIAL ROAD DISTRICT Before the Board was reappointment of Vernetta Minton to Lazy River Special Road District Board of Directors. THROOP: I'll move her appointment. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. SIGNATURE OF EASEMENTS TO CENTRAL ELECTRIC COOP AND U.S. WEST Before the Board was chair signature of two easements: 1) an easement to Central Electric Coop. just south of Jordan Road (20 ft. by 360 ft. easement) and 2) an easement to U.S. West north of Purchell Way (10 ft. by 660' easement). MAUDLIN: I would entertain a motion for chair signature of easements on items A-4 and A-5. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin continued the meeting to 11:40 p.m. PAGE 7 MINUTES: 1/9/91 f 106 0042 Chair Maudlin convened the meeting of the Governing Body for the Black Butte Ranch Service District. 11. AMENDED MEMORANDUM OF UNDERSTANDING AND AMENDED AGREEMENT WITH BLACK BUTTE RANCH ASSOCIATION Before the Board was signature of an Amended Memorandum of Understanding and Amended Agreement with the Black Butte Ranch Association. Rick Isham said that the Black Butte Ranch Association felt that the County had delegated too much authority to them in deciding when to initiate new services. So the agreement was amended to provide that if the operating board decided to add new services, i.e. fire, sewer, they would come the Board of County Commissioners to get approval for the proposed change in services. THROOP: I'll move signature of the Amended Memorandum of Understanding and the Amended Agreement with the Black Butte Ranch Association. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin reconvened the meeting of the Deschutes County Board of Commissioners. 12. ORGANIZATIONAL ISSUES The Board decided to hold an Board organizational meeting on Wednesday, January 30, 1991, at 3 p.m. DESCHUTE COUNTY BOARD OF COMMISSIONERS l Toroo C sht isg4oner r ancy BOCC:alb gen, Comm sinner , C airman PAGE 8 MINUTES: 1/9/91